Dr Nand Kishore Garg v. Govt of NCT of Delhi & Anr.

Delhi High Court · 23 Oct 2019 · 2019:DHC:5491-DB
D.N. Patel; C. Hari Shankar
W.P. (C) 11320/2019
2019:DHC:5491-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed a PIL seeking exemption of CNG vehicles from the odd-even scheme for lack of prior representation but directed the government to consider the claim expeditiously.

Full Text
Translation output
W.P. (C) 11320/2019
HIGH COURT OF DELHI
Date of Decision: 23rd October, 2019
W.P.(C) 11320/2019 & CM APPL. 46594/2019 (Exemption)
DR NAND KISHORE GARG ..... Petitioner
Through: Mr. Sandeep Sharma, Adv. with Mr. Shashank Deo Sudhi, Mr.Vikas Sharma, Mr. Amit Choudhary and Mr.Sarthak
Mannan, Advs.
VERSUS
GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Sanjay Jain, ASG with Mr.Sanjoy Ghose, ASC for R-1
/GNCTD Mr. Atul Verma, Adv. for Mr.Sanjeev Ralli, Adv. for R-2
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR O R D E R 23.10.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
CM APPL. 46594/2019 (exemption)
JUDGMENT

1. Allowed, subject to all just exceptions.

2. The application stands disposed of. W.P.(C) 11320/2019

1. This Public Interest Litigation has been preferred with the following prayers: “(a) Issue a direction in nature of mandamus or any other appropriate writ, order/direction or directions to respondent 2019:DHC:5491-DB W.P. (C) 11320/2019 No.1 for an exemption of CNG driven vehicles during period of odd and even scheme w.e.f. 04.11.2019 to 15.11.2019. and/or (b) Restrain the respondent No.1 from implementing the arbitrary odd and even scheme in Delhi to protect the interest of owners of CNG driven vehicles of Delhi. and/or

(c) Pass such further order(s) as may be deemed fit and proper under the facts and in the circumstances of the case.”

2. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, we see no reason to entertain this writ petition, mainly for the following facts and reasons:

(i) the Scheme, which is referred to by this petitioner, is not on record,

(ii) no representation has been preferred by this petitioner to the respondents before coming this court.

3. However, we direct the respondents to treat this writ petition as a representation and may decide the claim of this petitioner for exemption of CNG driven vehicles during period of odd and even scheme w.e.f. 4th November, 2019 to 15th November, 2019 as early as possible and practicable.

4. With these observations, this writ petition is hereby disposed of.

CHIEF JUSTICE

C. HARI SHANKAR, J.

OCTOBER 23, 2019